(An unpublished speech.[1])
Mr. Chairman,
After the best reflection which I have been able to bestow on the subject of the bill before you, I am of the opinion that its principles are not warranted by any provision of the constitution. It appears to me to partake of the nature of those other propositions for military measures, which this session, so fertile in inventions, has produced. It is of the same class with the plan of the Secretary of War;[supp 1] with the bill reported to this House by its own Committee for filling the ranks of the regular army by classifying the free male population of the United States; & with the resolution recently introduced by an honorable gentleman from Pennsylvania (Mr. Ingersoll), & which now lies on your table, carrying the principle of compulsory service in the regular army to its utmost extent.
This bill indeed is less undisguised in its object, & less direct in its means, than some of the measures proposed. It is an attempt to exercise the power of forcing the free men of this country into the ranks of an army, for the general purposes of war, under color of a military service. To this end it commences with a classification, which is no way connected with the general organization of the Militia, nor, to my apprehension, included within any of the powers which Congress possesses over them. All the authority which this Government has over the Militia, until actually called into its service, is to enact laws for their organization & discipline. This power it has exercised. It now possesses the further power of calling into its service any portion of the Militia of the States, in the particular exigencies for which the Constitution provides, & of governing them during the continuance of such service. Here its authority ceases. The classification of the whole body of the Militia, according to the provisions of this bill, is not a measure which respects either their general organization or their discipline. It is a distinct system, introduced for new purposes, & not connected with any power, which the Constitution has conferred on Congress.
But, Sir, there is another consideration. The services of the men to be raised under this act are not limited to those cases in which alone this Government is entitled to the aid of the militia
- ↑ Daniel Webster's speech on the Conscription Bill made in the House of Representatives December 9, 1814. (see Curtis' Life of Daniel Webster, vol. i, 198.)
- ↑ At the time, the Secretary of War was James Monroe. (Wikisource contributor note)
